In Texas, wage differential (TPD) benefits are paid at 70% of the difference between your pre-injury and post-injury weekly wages, up to $1,087 per week, administered by the Texas Department of Insurance, Division of Workers' Comp.
When an injured worker in Texas is able to perform light or modified duty work before fully recovering, workers comp benefits shift from temporary total disability (TTD) to temporary partial disability (TPD) — also called a wage differential benefit. The wage differential is the difference between your pre-injury average weekly wage and your current reduced earnings, paid at 70% under most state formulas. For example, if you earned $1,000 per week before your injury and now earn $600 per week in light duty, your wage differential would be 70% of $400 (approximately $280 per week from workers comp).
Employers in Texas have a financial incentive to offer light duty work because it reduces their workers comp costs. You have the right to refuse light duty if the offered position exceeds your physician's medical restrictions. If your employer's light duty offer is within your restrictions and you refuse without good cause, your TTD benefits may be suspended or reduced. Always obtain written documentation of the specific duties, physical demands, and hours of any light duty position before accepting.
Once you return to full duty, your TTD and wage differential benefits stop. However, if you subsequently need additional medical treatment, the claim remains open. The Texas Department of Insurance, Division of Workers' Comp oversees return-to-work disputes in Texas, and you have 90 days to challenge a decision you disagree with. Keep detailed records of all offers of modified work and all correspondence with your employer and their insurer during the return-to-work process.
| State | Texas |
|---|---|
| Administering Authority | Texas Department of Insurance, Division of Workers' Comp |
| TTD / Wage Differential Rate | 70% of wage differential |
| Maximum Weekly Benefit | $1,087 |
| Max TTD / TPD Duration | Up to 104 weeks |
| Appeal Deadline | 90 days |
A wage differential benefit in Texas pays 70% of the difference between your pre-injury average weekly wage and your current reduced post-injury earnings. It applies when your doctor clears you for light or modified duty work but you earn less than your pre-injury wage.
In Texas, you can refuse light duty if the offered job genuinely exceeds your physician's restrictions. If the duties are within your restrictions and you refuse without cause, TTD benefits can be suspended. Always get the job description in writing and have your doctor confirm whether it fits within your restrictions.
Wage differential benefits in Texas typically last up to 104 weeks from the date of injury, or until you return to your pre-injury wage, reach MMI, or reach the state's maximum benefit period. Contact the Texas Department of Insurance, Division of Workers' Comp or an attorney if your benefits are terminated before full recovery.
If your employer cannot accommodate your medical restrictions with a light-duty position, you remain on full TTD benefits at 70% of your AWW (up to $1,087/week). Document all communications with your employer about return-to-work accommodations. Your treating physician's written restrictions are the legal standard.
Before returning to any work in Texas after a work injury, you need a written return-to-work release from your treating physician that specifies your physical restrictions — weight limits, standing/sitting duration, repetitive motion limits, etc. Give a copy to your employer in writing and keep one for your records. Your physician's restrictions control what work you can legally be required to perform.
Returning to work does not affect your right to a permanent partial disability (PPD) award in Texas. PPD is compensation for permanent physical impairment — it is separate from temporary disability benefits. Once you reach Maximum Medical Improvement, your physician will rate your permanent impairment regardless of whether you are currently working.